Bill Start

Amended
IN
Assembly
July 01, 2019

CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION

Senate Bill

No. 297

Introduced by Senator Pan(Coauthor: Assembly Member Cooley)

February 14, 2019

An act to amend Sections 17295, 17297, 17307, and 81133 add and repeal Chapter 3.5 (commencing with Section 17380) of Part 10.5 of Division 1 of Title 1 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing law, the Field Act, requires the Department of General Services to supervise the design and construction of any school building, as defined to include buildings used for elementary, secondary, and community college purposes, or the reconstruction or alteration of or addition to any school building if not exempted, to ensure that plans and specifications comply with adopted rules and regulations and specified building standards and to ensure that the work of construction has been performed in accordance with the approved plans and specifications, for the protection of life and property. Existing law requires the governing board of each school district, community college district, or other school authority
authority, before adopting any plans for a school building building, to submit the plans to the department for approval.

For purposes of those provisions, this bill would require the submission of the plans to the department before the commencement of any construction or alteration of any school building instead of before adopting the plans.

(2)Existing

Existing law requires a school district, before letting any contract for any construction or alteration of any school building, to first obtain written departmental approval of the plans as to safety of design and construction. Existing law provides that no contract for the construction or alteration of any school building is valid, and no public money shall be paid for any work done under such a contract, unless the plans, specifications, and estimates comply in every particular with specified provisions of the Field Act and the requirements prescribed by the department and unless written departmental approval of the plans, specifications, and estimates has been obtained.

For purposes of those provisions, this bill would require the written departmental approval of the plans, specifications, and estimates, as applicable, before the commencement of any construction or alteration of any school building
instead of before the letting of the contract.

(3)With

With respect to facilities for community colleges for projects where the estimated cost of reconstruction or alteration of, or addition to, a school building exceeds $100,000, but does not exceed $225,000, under existing law if a licensed structural engineer submits a report to the Department of General Services department stating that the plans or activities for those projects do not involve structural elements, then certain conditions apply. Those
conditions include both (A) that before letting any contract for any construction or alteration of any school building, written departmental approval of the plans, as to safety of design and construction, is required, and (B) that no contract for the construction or alteration of any school building is valid, and no public money shall be paid for any work done under such a contract, unless the plans, specifications, and estimates comply in every particular with specified provisions of the Field Act and the requirements prescribed by the department and unless written departmental approval of the plans, specifications, and estimates has been obtained.

For purposes of those provisions, this bill would require the written departmental approval of the plans, specifications, and estimates, as applicable, before the commencement of any construction or alteration of any school building instead of before the letting of the contract.

Until January 1, 2025, this bill would authorize the department to authorize a school district or community college district on a first-come, first-served basis to procure a construction contract in excess of $1,000,000 subject to different conditions. Specifically, the bill would authorize departmental approval after the letting, making, or execution of the contract, as long as that approval is obtained before the commencement of any alteration or construction. The bill would limit the department to authorizing only a total of 20 construction contracts per year pursuant to these provisions. If the governing board of a school district or a community college district bases its award of a construction contract pursuant to these provisions on plans that do not yet have the approval of the department, the bill would require the school district or community college district to specify in its bidding instructions and construction contracts that the cost of changes to the
plans and specifications required by the department shall be treated according to the changes clause of the construction contract. The bill would prohibit the waiver of these provisions by contract, or amendments to the contract, between a school district or a community college district and a design professional or contractor for the design, construction, or alteration of a school building. The bill would require a school district or community college district authorized to procure a construction contract pursuant to these provisions to follow all other applicable statutes and regulations pertaining to the construction of any school building or the reconstruction or alteration of, or addition to, any school building, including, but not limited to, the Field Act.

Digest Key

Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
YES
Local Program:
NO

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Chapter 3.5 (commencing with Section 17380) is added to Part 10.5 of Division 1 of Title 1 of the Education Code, to read:

CHAPTER
3.5. Preliminary Build Contracts

17380.

(a) Notwithstanding any other law, the Department of General Services may authorize a school district or community college district on a first-come, first-served basis to procure a construction contract in excess of one million dollars ($1,000,000) pursuant to this chapter. The Department of General Services may only authorize a total of 20 construction contracts per year pursuant to this chapter.

(b) Notwithstanding Sections 17295, 17297, 17307, and 81133, the requirement imposed by those sections on the governing board of a school district or a community college district to submit the plans to the Department of General Services for approval and to have obtained the written approval of the Department of General Services is required to be
satisfied only before the commencement of any construction or alteration of any school building under the construction contract.

(c) (1) If the governing board of a school district or a community college district bases its award of a construction contract pursuant to this chapter on plans that do not yet have the approval of the Department of General Services, the school district or community college district shall specify in its bidding instructions and construction contracts that the cost of changes to the plans and specifications required by the Department of General Services shall be treated according to the changes clause of the construction contract.

(2) The requirements of this subdivision may not be waived by contract, or amendments to a contract, between a school district or community college district and a design professional or contractor for the
design, construction, or alteration of a school building.

(d) This chapter does not apply if the construction contract was awarded pursuant to Chapter 2.5 (commencing with Section 17250.10), Section 17406, Chapter 3.5 (commencing with Section 81700) of Part 49 of Division 7 of Title 3, or Section 81335.

(e) A school district or community college district authorized to procure a construction contract pursuant to this chapter shall follow all other applicable statutes and regulations pertaining to the construction of any school building or the reconstruction or alteration of, or addition to, any school building, including, but not limited to, the Field Act as defined in Section 81130.3.

17381.

This chapter shall remain in effect only until January 1, 2025, and as of that date is repealed.

SECTION 1.Section 17295 of the Education Code is amended to read:

17295.

(a)(1)The Department of General Services shall pass upon and approve or reject all plans for the construction or, if the estimated cost exceeds one hundred thousand dollars ($100,000), the alteration of any school building.

(2)To enable the Department of General Services to pass upon and approve plans pursuant to this subdivision, the governing board of each school district and any other school authority before commencement of any construction or alteration of any
school building shall submit the plans to the Department of General Services for approval, and shall pay the fees prescribed in this article.

(b)Notwithstanding subdivision (a), where the estimated cost of the reconstruction or alteration of, or an addition to, any school building exceeds one hundred thousand dollars ($100,000), but does not exceed two hundred twenty-five thousand dollars ($225,000), a licensed structural engineer shall examine the proposed project to determine if it is a nonstructural alteration or a structural alteration. If he or she determines that the project is a nonstructural alteration, he or she shall prepare a statement so indicating. If he or she determines that the project is structural, he or she shall prepare plans and specifications for the project which shall be submitted to the Department of General Services for review and approval. A copy of the engineer’s report stating that the work does not affect structural elements shall be filed with the Department of General Services.

(c)If a licensed structural engineer submits a report to the Department of General Services stating that the plans or activities authorized pursuant to subdivision (b) do not involve structural elements, then all of the following shall apply to that project:

(1)The design professional in responsible charge of the project undertaken pursuant to this subdivision shall certify that the plans and specifications for the project meet any applicable fire and life safety standards, and do not affect the disabled access requirements of Section 4450 of the Government Code, and shall submit this certification to the Department of General Services. The letter of certification shall bear the identifying licensing stamp or seal of the design professional. This paragraph does not preclude a design professional from submitting plans and specifications
to the Department of General Services along with the appropriate fee for review.

(2)Within 10 days of the completion of any project authorized pursuant to subdivision (b), the school construction inspector of record on the project, who is certified by the Department of General Services to inspect school buildings, shall certify in writing to the Department of General Services that the reconstruction, alteration, or addition has been completed in compliance with the plans and specifications.

(3)The dollar amounts cited in this section shall be increased on an annual basis, commencing January 1, 2018, by the Department of General Services according to an inflationary index governing construction costs that is selected and recognized by the Department of General
Services.

(4)No school district shall subdivide a project for the purpose of evading the limitation on amounts cited in this section.

(d)For purposes of this section, “design professional in responsible charge” or “design professional” means the licensed architect, licensed structural engineer, or licensed civil engineer who is responsible for the completion of the design work involved with the project.

SEC. 2.Section 17297 of the Education Code is amended to read:

17297.

Except as provided in Section 17298, before commencement of any construction or alteration of any school building, the written approval of the plans, as to safety of design and construction, by the Department of General Services, shall be first had and obtained.

SEC. 3.Section 17307 of the Education Code is amended to read:

17307.

No contract for the construction or alteration of any school building, made or executed by the governing board of any school district or other public board, body, or officer otherwise vested with authority to make or execute a contract, is valid, and no public money shall be paid for any work done under a contract or
for any labor or materials furnished in constructing or altering any building, unless the plans, specifications, and estimates comply in every particular with the provisions of this article and the requirements prescribed by the Department of General Services and unless, before the commencement of any construction or alteration of any school building, the approval thereof in writing has first been had and obtained from the Department of General Services.

SEC. 4.Section 81133 of the Education Code is amended to read:

81133.

(a)The Department of General Services shall pass upon, and approve or reject, all plans for the construction or, if the estimated cost exceeds one hundred thousand dollars ($100,000), the alteration of any school building. To enable it to do so, the governing board of each community college district and any other school authority before commencement of any construction or alteration of any school building
shall submit the plans to the Department of General Services for approval, and shall pay the fees prescribed in this article.

(b)Notwithstanding subdivision (a), where the estimated cost of reconstruction or alteration of, or addition to, a school building exceeds one hundred thousand dollars ($100,000), but does not exceed two hundred twenty-five thousand dollars ($225,000), a licensed structural engineer shall examine the proposed project to determine if it is a nonstructural alteration or a structural alteration. If he or she determines that the project is a nonstructural alteration, he or she shall prepare a statement so indicating. If he or she determines that the project is structural, he or she shall prepare plans and specifications for the project, which shall be submitted to the Department of General Services for review and approval. A copy of the engineer’s report stating that the work does not affect structural elements shall be filed with the Department of General Services.

(c)If a licensed structural engineer submits a report to the Department of General Services stating that the plans or activities authorized pursuant to subdivision (b) do not involve structural elements, then all of the following
shall apply to that project:

(1)The design professional in responsible charge of the project undertaken pursuant to this subdivision shall certify that the plans and specifications for the project meet any applicable fire and life safety standards, and do not affect the disabled access requirements of Section 4450 of the Government Code, and shall submit this certification to the Department of General Services. The letter of certification shall bear the identifying licensing stamp or seal of the design professional. This paragraph does not preclude a design professional from submitting plans and specifications to the Department of General Services along with the appropriate fee for review.

(2)Within 10 days of the completion of any project authorized pursuant to subdivision
(b), the school construction inspector of record on the project, who is certified by the Department of General Services to inspect school buildings, shall certify in writing to the Department of General Services that the reconstruction, alteration, or addition has been completed in compliance with the plans and specifications.

(3)The dollar amounts cited in this section shall be increased on an annual basis, commencing January 1, 2018, by the Department of General Services according to an inflationary index governing construction costs that is selected and recognized by the Department of General Services.

(4)No community college district shall subdivide a project for the purpose of evading the limitation on amounts cited in this
section.

(5)Before commencement of any construction or alteration of any school building, the written approval of the plans, as to safety of design and construction, by the Department of General Services, shall first be had and obtained.

(6)In each case the application for approval of the plans shall be accompanied by the plans and full, complete, and accurate specifications, and structural design computations, and estimates of cost, which shall comply in every
respect with any and all requirements prescribed by the Department of General Services.

(7)(A)The application shall be accompanied by a filing fee in amounts as determined by the Department of General Services based on the estimated cost according to the following schedule:

(i)For the first one million dollars ($1,000,000), a fee of not more than 1.25 percent of the estimated cost.

(ii)For all costs in excess of one million dollars ($1,000,000), a fee of not more than 1 percent of the estimated cost.

(B)The minimum fee in any case shall be two hundred fifty dollars ($250). If the actual cost exceeds the estimated cost by more than 5
percent, a further fee shall be paid to the Department of General Services, based on the fee schedule pursuant to clauses (i) and (ii) of subparagraph (A) or subparagraph (B) of paragraph (8), as applicable, and computed on the amount by which the actual cost exceeds the amount of the estimated cost.

(8)(A)All fees collected under this article shall be paid into the State Treasury and credited to the Public School Planning, Design, and Construction Review Revolving Fund, and are continuously appropriated, without regard to fiscal years, for the use of the Department of General Services, subject to approval of the Department of Finance, in carrying out this article.

(B)Adjustments in the amounts of the fees, as determined by the Department of General Services
and approved by the Department of Finance, shall be made in order to maintain a reasonable working balance in the fund, provided that the fees shall not exceed the amounts in the fee schedule specified in paragraph (7). If the working fund balance exceeds six months’ expenditures, the Department of General Services shall take action to reduce the fees.

(9)No contract for the construction or alteration of any school building, made or executed by the governing board of any community college district or other public board, body, or officer otherwise
vested with authority to make or execute this contract, is valid, and no public money shall be paid for any work done under this contract or for any labor or materials furnished in constructing or altering the building, unless the plans, specifications, and estimates comply in every particular with the provisions of this article and the requirements prescribed by the Department of General Services and unless, before the commencement of any construction or alteration of any school building, the approval thereof in writing has first been had and obtained from the Department of General Services.

(d)For purposes of this section, “design professional in responsible charge” or “design professional” means the licensed architect, licensed structural engineer, or
licensed civil engineer who is responsible for the completion of the design work involved with the project.